Common use of TOTAL LIMIT ON LIABILITY Clause in Contracts

TOTAL LIMIT ON LIABILITY. Company shall only be liable for damages of the Customer (1) caused intentionally or through gross negligence by Company, its legal representatives or vicarious agents, (2) from injury to life, body or health resulting from a breach of duty by Company or its legal representatives or vicarious agents, (3) in cases of liability according to the Product Liability Act, the assumption of a guarantee or due to fraudulent misrepresentation and for damages (4) which have arisen as a result of a breach of an obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Customer regularly relies and may rely. ("major obligation"). In cases (1), (2) and (3) of the preceding section, the Company shall be liable for an unlimited amount. In other cases the liability shall be limited to the foreseeable damage typical for the contract.

TOTAL LIMIT ON LIABILITY. Company shall only be liable for damages of the Customer (1) caused intentionally or through gross negligence by Company, its legal representatives or vicarious agents, (2) from injury to life, body or health resulting from a breach of duty by Company or its legal representatives or vicarious agents, (3) in cases of liability according to the Product Liability Act, the assumption of a guarantee or due to fraudulent misrepresentation and for damages (4) which have arisen as a result of a breach of an obligation, the fulfilment fulfillment of which is essential for the proper execution of the contract and on the observance of which the Customer regularly relies and may rely. ("major obligation"). In cases (1), (2) and (3) of the preceding section, the Company shall be liable for an unlimited amount. In other cases the liability shall be limited to the foreseeable damage typical for the contract.